Terms of service
Terms & Conditions
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Last Updated: April 2021
Welcome to the Bennett + Laine website. Please review the following Terms and Conditions carefully. Your use of the Bennett + Laine website constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “You”) and Bennett + Laine concerning your access to and use of the www.bennettlaine.com website as well as any mobile website or mobile application related or connected thereto, and the services provided through any of the forgoing (collectively, the “Website), and your agreement to follow these Terms and Conditions and to be bound by them (the “Agreement”). Bennett + Laine reserves the right to update or modify these Terms and Conditions without prior notice.
Bennett + Laine makes no representation that the Website is appropriate or available in other locations other than where it is operated by Bennett + Laine. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Bennett + Laine to any registration requirement within such jurisdiction or county. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website, purchase products through the Website (“Products”), or use other services made available through the Website.
YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT BENNETT + LAINE MAY MAKE TO THESE TERMS IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE WEBSITE.
PERSONAL INFORMATION SUBMITTED THROUGH THE WEBSITE
Your submission of personal information through the Website is governed by our Privacy Policy). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
PURCHASES: PAYMENT
Bennett + Laine bills through an online billing account for purchases of Products and/or services. You agree to pay Bennett + Laine all charges at the prices then in effect for the Products you or other persons using your billing account may purchase, and you authorize Bennett + Laine to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a Product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable Product or service. Bennett + Laine reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Bennett + Laine. Bennett + Laine may change prices at any time. All payments shall be in U.S. dollars.
RETURNS POLICY
Please review our Returns Policy posted on our Website prior to making any purchases. By making a purchase, you agree to our Returns Policy.
PRODUCT INFORMATION
The Products displayed on the Website can be ordered and delivered only within the U.S. All prices displayed on the website are quoted in U.S. Dollars and are valid and effective only in the U.S.
MOBILE SERVICES
If you access the Website via your mobile phone or tablet device, we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as data charges, will still apply.
TEXT NOTIFICATIONS
By either (a) agreeing to these Terms and Privacy Policy or (b) entering your phone number on the confirmation of an order and clicking “Submit”, you agree that we or our providers may send you text notifications and text marketing offers. While variable based on your purchase behavior, marketing-based text messages will not exceed 5 per month. You understand that consent is not a condition of purchase. You can unsubscribe from further text messages by replying STOP to any text message or by sending us an email at hello@bennettlaine.com. Message and data rates may apply.
USER REPRESENTATIONS
Regarding Your Registration
By registering an account on the website, you represent and warrant that:
- All registration information you submit is truthful and accurate;
- You will maintain the accuracy of such information;
- You will keep your password confidential and will be responsible for all use of your password and account;
- You are not a minor in the jurisdiction in which you reside; and
- Your use of the website does not violate any applicable law or regulation.
Regardless of whether you register an account on the Website, if you provide any information on the Website that is untrue, inaccurate, not current or incomplete, or if Bennett + Laine has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete Bennett + Laine has the right to suspend or terminate your account and/or refuse you any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a username you select if we determine in our discretion that it is inappropriate, such as when the username is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.
NEW CUSTOMER 10% OFF PROMOTION DISCLAIMER
Enter your unique customer code (sent to a customer after he/she signs up for our email newsletter) to receive 10% off your first purchase. Discount taken on pre-tax price. Offer valid online. Discount excludes items in the Sale section of our site, Gift Cards. Not transferable. Offer valid only to a new marketing email opt-in. Only one promo code per person; not combinable with any other offers/discounts. Shipping and handling charges still apply unless the purchase is $125 or over, and then shipping is free.
LINKS TO OTHER SITES
While visiting our website, you may link to sites operated by our business partners or other third parties, the links for which are provided solely for your convenience. This does not mean that we endorse these sites, and your activities on them may be governed by terms and conditions as well as privacy policies that differ from our own. We do not make any representations or warranties about any website you may access through the Bennett + Laine website. Any other use of any content included on the Website, including linking or framing to this Website, is strictly prohibited unless you first obtain our prior written consent.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Except for information necessary to place an order, we do not want you to send us any confidential or proprietary information through this website. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Bennett + Laine employees and agents might seem similar to created works submitted by users. Accordingly, if, at our request, you send certain specific submissions (for example, contest entries), or, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, “Comments”), you agree that bennett + laine has the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or compensation to you.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or any personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Bennett + Laine or third parties as to the origin of any Comments. You are solely responsible for any Comments you make as well as their accuracy. Bennett + Laine takes no responsibility and assumes no liability for any Comments posted by you or a third party.
YOUR RESPONSIBILITIES WHILE USING OUR WEBSITE
You are responsible for your use of the bennett + laine website. Harassment in any manner or form on the Website, including via email and chat or by obscene or abusive language is strictly forbidden, impersonation of others, including of bennett + laine or other licensed employee, host or representative as well as other members or visitors on the Website is prohibited. You may not upload to, distribute or otherwise publish through this site any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization. You will comply with all applicable laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exploitation of technical or personal data from locations other than the location from which Bennett + Laine controls and operates the Website and services associated therewith.
ERRORS & INACCURACIES
We always try to provide complete, accurate, up-to-date information on our Website. Unfortunately, despite those efforts human or technological errors may occur. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. We have made every effort to display as accurately as possible the colors of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
WARRANTIES
ALL BENNETT + LAINE’S PRODUCTS AND SERVICES THAT ARE PROVIDED THROUGH THE WEBSITE ARE PROVIDED TO YOU “AS IS'' AND “AS AVAILABLE” TO THE FURTHEST EXTENT PERMITTED BY LAW, BENNETT + LAINE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO USCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH BENNETT + LAINE EXPRESSLY DISCLAIMS. BENNETT + LAINE DOES NOT GUARANTEE THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE WEBSITE WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. BENNETT + LAINE WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BENNETT + LAINE AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE BENNETT + LAINE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE OR ANY MOBILE APPLICATIONS; (E) ANY MALWARE, VIRUSES, TROJANS AND THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE OR MOBILE APPLICATIONS BY A THIRD PARTY; OR (F) ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, THE WEBSITE OR BENNETT + LAINE’S PRODUCTS OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO, THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF BENNETT + LAINE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BENNETT + LAINE’S LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF BENNETT + LAINE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
SECURITY
You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Website or of the networks connected to the Website, and to abide by all security policies adopted by Bennett + Laine. You acknowledge and agree that, for security purposes, Bennett + Laine may monitor your account and your access to and use of the Website. Bennett + Laine may at any time terminate or suspend your access to the Website as Bennett + Laine considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. Bennett + Laine may also impose limits on certain features and functions of the Website or restrict your access to the Website without notice or liability.
INDEMNIFICATION
You agree to defend, indemnify and hold Bennett + Laine harmless from and against any and all claims, damages, costs, losses and expenses (including, without limitation, attorneys’ fees and legal costs) of any kind arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Agreement.
APPLICABLE LAW
By visiting our Website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our Website. Any action relating to the use of the Website or mobile applications must be brought in the state or federal courts located in Ventura County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
Under no circumstances, will Bennett + Laine be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms and Conditions including in connection with a merger, acquisition, sale of assets or equity or by operation of law.
COPYRIGHT INFRINGEMENT
Bennett + Laine respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide us with the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
In accordance with the Digital Millennium Copyright Act, Bennett + Laine has the following designated agent to receive notification of an alleged act of copyright and infringement occurring on the Bennett + Laine Website:
Kehr, Schiff, Crane & Cohen, LLP
ATTN: R. H. Cohen
1888 Century Park East, Suite 1150
Los Angeles, CA 90067
310-651-6995 (direct)
rcohen@kscclegal.com
Please note that this procedure is exclusively for notifying Bennett + Laine that you believe your copyrighted material has been infringed.